Terms of Service

By using Xamun through app.xamun.com (”Xamun”,
“Service” or “Services”) and all content, services, and products available at
or through the blog, websites, and apps owned by BlastAsia Inc. (”we”), you are
agreeing to be bound by the following terms and conditions (“Terms of
Service”).

Any new features to current Service,
including the release of new content or apps, shall be subject to the Terms of
Service. Continued use of the Service after any such changes shall constitute
your consent to such changes.

BlastAsia Inc. reserves the right to
modify the Terms of Service from time to time and you will be informed of these
changes. Continued use of the Service after notice of any change in to the
Terms shall constitute your consent to such changes. You will be given notice
through electronic mail or by publishing the changes on www.xamun.com/termsofservice

I.
General Terms and Conditions

i.
You
must be at least 13 years old to use this Service.

ii.
Xamun
user accounts (”Account” or ”Xamun Account”) registered by “bots” or other
automated methods are not allowed.

iii.
You
must provide a valid email address to complete the sign up process.

iv.
We
only allow a 1:1 relationship between login credentials and people for each
Account. This means a single login cannot be used by multiple people. You may
create separate logins for as many people as deemed necessary.

v.
You
have sole responsibility for ensuring the security of your Account and
password. We cannot and will not be liable for any loss or damage from your
failure to comply with this security obligation. For more details, see section on “Personal
and Organizational Information Privacy”.

vi.
You
are responsible for all information posted and activity that occurs under your
Account (“Content” or “Contents”). This applies to Content posted by you or by
other users under your Account. For more details, see sections on “Copyright
and Content Ownership” and “User Generated Content”

vii.
You
may not use the Service for any illegal or unauthorized purpose. You must not,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws). For more details, see section on “Spamming and
Illegal Activities”

viii.
You
understand that BlastAsia Inc. uses third party vendors and hosting partners to
provide the necessary hardware, software, networking, storage, and related
technology required to run the Service.

ix.
You
must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, BlastAsia Inc., or any BlastAsia
Inc. other. On the other hand, any integrations authorized by BlastAsia Inc.
that involve modifying another website is allowed.

x.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service without the express
written permission by BlastAsia Inc..

xi.
BlastAsia
Inc. may, but have no obligation to, remove Content and Accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.

xii.
Verbal,
physical, written or other abuse (including threats of abuse or retribution) of
any Xamun user or employee of BlastAsia Inc. will result in immediate account
termination.

xiii.
You
understand that the technical processing and transmission of the Service,
including your Content, may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.

xiv.
The
failure of BlastAsia Inc. to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The
Terms of Service constitutes the entire agreement between you and BlastAsia
Inc. and govern your use of the Service, superceding any prior agreements
between you and BlastAsia Inc. (including, but not limited to, any prior
versions of the Terms of Service).

II.
Description of the Service

Xamun is a SaaS
product that has applications for project management, customer relationship
management (CRM), human resource management, and collaboration.

Aside from these features available on the web application, Xamun also
has extension mobile applications.

III.
User Sign Up

To sign up for an Account, you need to
provide all required information in order to access or use the Services. We
strongly recommend that if you represent an organization and intend to use the
Services for organizational use, you and all other users from your organization
should sign up for Accounts by providing your organizational contact
information. This includes using your organizationalemail address. You agree
to: a) provide true, accurate, current and complete information about yourself
as required during the sign up process; and b) maintain and update the
information to keep it true, accurate, current, and complete. If you fail to do
so, or if BlastAsia Inc. has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated, or incomplete, we reserve the right
to terminate your Account and refuse current or future use of any or all of the
Services.

IV.
Personal and Organizational Information
Privacy

Personal and organizational information
you provide to BlastAsia Inc. through the Service are governed by the Xamun
Privacy Policy. Your election to use the Service indicates your acceptance of
the terms of the Xamun Privacy Policy. As mentioned in the General Terms and
Conditions above, you are responsible for ensuring the security of your account
and password. BlastAsia Inc. cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation. You also
agree to inform us immediately of any unauthorized use of your user account by
email to team@xamun.com

V.
Communications from BlastAsia Inc.

The Service may include certain
communications from BlastAsia Inc., such as service announcements,
administrative messages and newsletters. You understand that these
communications shall be considered part of using the Service. As part of our
policy to provide you total privacy, we also provide you the option of opting
out from receiving newsletters from us. However, you will not be able to
opt-out from receiving service announcements and administrative messages.

VI.
Fees and Payments

i.
General Terms

1. The Company Administrator is, by default,
the individual from a company who first registers an Account. The Company
Administrator holds the responsibility of settling subscription fees that the
organization may incur. Whoever takes on the role of the the Company
Administrator can be updated in Account Settings > Company Setup.

2. The use of the Service is free for the
first 15 days. This serves as a trial period for the users. Should there be a
need to extend the trial period, the Company Administrator should send an email
to team@xamun.com to request for another 15-day trial. If no request
has been sent to extend the trial period, the account will be deactivated until
the organization has subscribed to the Service and become a paid Account.

3. To become a paid Account, you need to
subscribe to Xamun. The monthly or annual subscription fee for paid Accounts is
calculated based on the number users registered under the business. The monthly
subscription fee is $12 per user and is applicable to any user count under each
Account. Annual subscription fees is $144 per user.

4. Payments are accepted through Paypal or by
check or directly to an assigned bank account. For Paypal payments, payment
settings are managed inside PayPal and not Xamun. Contact team@xamun.com should you need to have payments processed
outside PayPal.

ii.
Billing

1. The billing period starts on the 1st
day after the Account has moved from free to paid status.

2. The billing period lasts for 30 days. The
Company Administrator will receive the bill via email 10 days before the
beginning of the next billing period.

3. There will be no refunds or credits for
partial months of service, upgrade/downgrade refunds, or refunds for months
unused with an open account. No exceptions will be made.

4. If users are added to an Account within
the first 15 days of the current billing period, those users will be included
in the calculation of the current bill.

5. If users are added to an Account beyond
the first 15 days of the current billing period up to the last day of the
billing period, those users will not be included in the calculation of the
current bill. Instead, they will be included in the calculation of the next
bill.

6. If the Company Administrator fails to
settle the subscription fees on or before the due date (10th day) of the new
billing period, Xamun reserves the right to deactivate the Account until the
fees have been settled. All Content created during the use of the Service will
still be available should the Account be reactivated.

iii.
Miscellaneous Terms

1. If you would like the subscription fee
payment be made through a different credit card or if you wish to cancel your
subscription, you can do so inside PayPal.

2. Xamun will not have access to any credit
card information and your use of PayPal is governed by its own terms and
conditions that are not included in this Terms of Service.

3. All fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities, and you shall be responsible
for payment of all such taxes, levies, or duties.

VII.
Closing an Account and Account
Deactivation & Termination

i.
Closing an Account

1. To close a Xamun Account, the Company
Administrator can click on Close Account on the Account Settings menu. This
will close not only the individual user’s account, but also all users under that
company. Users who are not Company Administrators can also close their
Accounts, but his will only affect their Account and not of the other users in
the same company.

2. All Content created inside the Account
will be stored for a maximum of 180 days before the account is terminated and
all Content will be permanently removed.

3. A closed Account cannot be reopened and
closing a Account cannot be undone.

ii.
Account Deactivation & Termination

1. An Account can be deactivated if the bill
for the subscription fee was not settled on or before the due date. Accounts
can also be deactivated if there are any breaches in either the Terms of
Service or Privacy Policy made by any user from the Account.

2. Deactivated Accounts may be reactivated if
the grounds for deactivation have been resolved. Reactivation due to a breach
in the Terms of Service or Privacy Policy is solely at the discretion of BlastAsia
Inc..

3. BlastAsia Inc. reserves the right to
terminate an Account if it has been deactivated for a continuous period of 180
days, regardless of the reason for deactivation.

4. We will provide 30 days prior notice of
such termination and Content backup options by email. Content backup is only
applicable to paid Accounts. Upon termination, all Content will be permanently
deleted.

5. BlastAsia Inc. reserves the right to
terminate your account and refuse any and all current or future use of the
Service, for any reason at any time. We also reserve the right to refuse the
Service to anyone for any reason at any time.

VIII.
Changes to the Service and Prices

i.
BlastAsia
Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice.

ii.
Prices
of all the Services, including but not limited to monthly subscription fees,
are subject to change upon 30 days notice from Xamun by email. Such notice may
also be available at any time on www.xamun.com, the Xamun social media accounts, or the
Service itself.

iii.
BlastAsia
Inc. not be liable to you or to any third party for any modification, price
change, suspension or discontinuance of the Service.

IX.
Copyright and Content Ownership

We claim no intellectual property rights
over the Content created in your Account. Your profile and materials uploaded
remain yours. Unless specifically permitted by you, your use of the Service
does not grant BlastAsia Inc. the right to use, reproduce, adapt, modify,
publish or distribute the Content created by you or stored in your Account for
commercial purposes. This Terms of Service also grants BlastAsia Inc.
permission to access, copy, distribute, store, transmit, reformat, publicly
display and publicly perform the Content of your user account solely as
required for the purpose of providing the Service to you and as requested by BlastAsia
Inc.. Any request for permission to access, copy, distribute, store, transmit,
reformat, publicly display and publicly perform the Content of your user
account from any third-party integration is outside this Terms of Service.
Please refer to the Xamun Privacy Policy for other concerns regarding copyright
and content ownership.

X.
User Generated Content

You may transmit or publish Content
created by you using the Service. However, you shall be solely responsible for
such content and the consequences of its transmission or publication. Any
content made public will be publicly accessible through the internet and may be
crawled and indexed by search engines. You are responsible for ensuring that
you do not accidentally make any private content publicly available. Any
content that you may receive from other users of the Service, is provided to
you AS IS for your information and personal use only and you agree not to use,
copy, reproduce, distribute, transmit, broadcast, display, sell, license or
otherwise exploit such content for any purpose, without the express written
consent of the person who owns the rights to such content. In the course of
using of the Service, if you come across any content with copyright notice(s)
or any copy protection feature(s), you agree not to remove such copyright
notice(s) or disable such copy protection feature(s) as the case may be. By
making any copyrighted/copyrightable content available on the Service you
affirm that you have the consent, authorization or permission, as the case may
be from every person who may claim any rights in such content to make such
content available in such manner. Further, by making any content available in
the manner aforementioned, you expressly agree that BlastAsia Inc. will have
the right to block access to or remove such content made available by you, if BlastAsia
Inc. receives complaints concerning any illegality or infringement of third
party rights in such content. By using the Service and transmitting or
publishing any content using such Service, you expressly consent to
determination of questions of illegality or infringement of third party rights
in such content by the agent designated by BlastAsia Inc. for this purpose.

XI.
Spamming and Illegal Activities

You agree to be solely responsible for the
Content of your transmissions through the Service. You agree not to use the
Services for illegal purposes or for the transmission of material that is
unlawful, defamatory, harassing, libelous, invasive of another's privacy,
abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise
objectionable, offends religious sentiments, promotes racism, contains viruses,
or that which infringes or may infringe intellectual property or other rights
of another. You agree not to use the Services for the transmission of
"junk mail", "spam", "chain letters", “phishing” or
unsolicited mass distribution of email. BlastAsia Inc. reserves the right to
terminate your access to the Services if there are reasonable grounds to
believe that you have used the Services for any illegal or unauthorized
activity.

XII.
Sample Files and Applications

For the purpose of demonstrating the use
of the Service, BlastAsia Inc. may provide sample files such as screenshots and
applications. The information contained in any such sample files and
applications consists of random data. BlastAsia Inc. makes no warranty, either
express or implied, as to the accuracy, usefulness, completeness or reliability
of the information or the sample files and applications.

XIII.
Trademark

Xamun, Xamun logo, the names of individual
Services and their logos are trademarks of BlastAsia Inc. You agree not to
display or use, in any manner, these trademarks without BlastAsia Inc.’s prior
consent.

XIV.
Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. XAMUN INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XAMUN
INC. MAKES NO WARRANTY THAT: 1) THE SERVICE WILL MEET YOUR SPECIFIC
REQUIREMENTS; 2) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE,
OR VIRUS FREE; 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, 4) THE QUALITY OF ANY PRODUCTS, ERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF
THE SERVICE WILL MEET YOUR EXPECTATIONS; AND 5) ANY ERRORS IN THE SERVICE WILL
BE CORRECTED.

USE OF ANY MATERIAL DOWNLOADED OR OBTAINED
THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR
THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR
ORAL, OBTAINED BY YOU FROM XAMUN INC., ITS EMPLOYEES OR REPRESENTATIVES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

XV.
Limitation of Liability

YOU AGREE THAT XAMUN INC. SHALL, IN NO
EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER
LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF XAMUN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XAMUN INC. RELATED TO ANY OF THE
SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL XAMUN INC.’S
ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT,
EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

XVI.
Indemnification

You agree to indemnify and hold harmless BlastAsia
Inc., its officers, directors, employees, suppliers, and affiliates, from and
against any losses, damages, fines and expenses (including attorney's fees and
costs) arising out of or relating to any claims that you have used the Service
in violation of another party's rights, in violation of any law, in violations
of any provisions of the Terms, or any other claim related to your use of the
Service, except where such use is authorized by BlastAsia Inc..

XVII.
Governing Law

These Terms of Service shall be governed
by, and construed in accordance with the laws of Philippines and you hereby
submit to the exclusive jurisdiction of the Courts of Pasig in the Philippines.

XVIII.
Arbitration

Any dispute, controversy or claim arising
out of or relating to this contract, or the breach, termination or invalidity
thereof shall be settled by arbitration in accordance with the Rules for
Arbitration of the Philippine Dispute Resolution Center, Inc (PDRCI). The
arbitral tribunal shall consist of a sole arbitrator, to be appointed by the
Chairman of the PDRCI. The place of arbitration shall be Pasig City. Any award
by the arbitration tribunal shall be final and binding upon the parties.

XIX.
END OF TERMS OF SERVICE

If you have any questions or concerns
regarding BlastAsia Inc.’s Terms of Service for Xamun, please contact BlastAsia
Inc. at team@xamun.com or at 35F The Orient Square Building, F. Ortigas Jr.
Road, Ortigas Center, Pasig City 1605 Philippines. We will respond to all
inquiries within 30 days of receipt upon ascertaining your identity.